Facts
On 3 March 1986, X. was involved in a road accident in Rüschlikon. He left the scene of the accident without reporting the incident to the police and consumed alcohol at his home. The police discovered the accident and carried out a blood test, which revealed a blood alcohol concentration of 0.78%. X. was convicted of failing to report an accident and driving under the influence. He appealed the decision of the cantonal court, arguing that the blood test would not have been ordered if the accident had been reported.
The facts of the case are as follows: X. drank two beers before the accident and consumed a large amount of alcohol after the accident. He left the scene of the accident without reporting the incident to the police and without checking if any damage had been caused. The police discovered the accident and carried out a blood test, which revealed a blood alcohol concentration of 0.78%.
Considerations
The Federal Court examined whether X. had committed an offense by failing to report the accident and consuming alcohol after the accident. The court considered that failing to report an accident may constitute an offense if the driver intended to avoid a blood test. However, in this case, X. did not intend to avoid a blood test, as he was not aware of the importance of reporting the accident.
The court also examined whether consuming alcohol after the accident constituted an offense. The court considered that consuming alcohol after the accident…